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Judicial Review Mechanism And Democratization Process In Taiwan Area

Posted on:2009-06-12Degree:MasterType:Thesis
Country:ChinaCandidate:D J FengFull Text:PDF
GTID:2166360272490550Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Judicial review, based on the Basic Law, is a system to review the governmental and officers' behavior & conduction under judicial measures, to determine their performance meeting the Basic Law's spirit & provision or not, so as to safeguard the constitutionalism under judicial measures. Judicial review could be rooted from Ancient Greek's Natural Legal idea. And the Frech Senat Conservateur set up in 1799 could be considered as its rudiment. The USA Judicial review system, with its famous case 'Marbury v. Madison 1803', determines the authority distribution & interrestriction of powers, and sets up a model for the other constitutional countries.The Republic of China Constitution sets up the Judicial review system in Taiwan, with judges composing Justice Conference as investigator. In the passed half a century, Jiang's authoritarian regime has been replaced by democracy; The Subject Political cultural has been transferred to Parochial. That system plays a very important role in the process of democracy.The thesis is to comb the judicial review system synthetically, make comment on some cases & describe my personal opinion, by analyzing Taiwan's process of democracy from view of judicial review. Hope it helps the set up continent of China judicial review system, with the investigation of Taiwan judicial review system, and it's historical role & practical effect in the process of democracy.
Keywords/Search Tags:Judicial Review, Democratization, Justice Conference
PDF Full Text Request
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